M satyanarayana v. Famtty wetlare

Petition Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order, or direction, particularly in the nature of a writ of mandamus, declaring the procs. No.Rc.72s2lE4-ll.Gtz-vlt2o24, dated. 27.o7.2024, issued by the 4th Respondent, which transferred the petitioner to PHC Gingurthy, vikarabad District, as iilegar, arbitrary, and contrary to the options exercised as per clause 7 during the general transfer counselling held on 20-07- 2024 and in violation of guidelines stipulated in G.o. Ms No. g0 Finance (HRM-l) Department, dated 03-07-2 o24 and not considering the representation dated 21 .o9.2024 made to the 4th and 2nd respondents respectively on the analogy of the orders of this Hon'ble court passed in in w.p. Nos. 20647 of 2024 and batch and also in WP. No 225 92 of 2024 and batch in common orders issued on 07.O8.2024 and 29.O8.2024 respectively as illegal' unjust' discriminatory and in contraventionofci.o.\4sNo.80Finance(HRM-I)Department'dated03-07-2024 andArticles14andleofthelndianConstitution'consequentlyset.lsidethesaid proceedingsanddire<:ttherespondentstoeffectthetransferafreshasperthe options exercised under clause 7 of GO'Ms No B0 Finance(HR[r4-l t' department' dated 03.07.2024 dur ng the general transfer counselling held on 20'07.2024 in complianceofcliluseTofGo.Ms.No.B0Finance(HRM-l),department'dated 03.O7.2024 without reference to G O'Ms'No'87' Fin (HRM-l) Department' dated 31 .07.2024 and jr;ining of the Petitioner on the analogy of the orde's issued in in W.P. Nos. 20647 of 2C24 and batch and also in WP.No '22592 ot 2024 and balch in common ordert; isstred on 07 '08 '2024 and 29'O8 2o24' t.A.NO:1 oF 202tt PetitionUrrderSectionlslCPCprayingthatinthecircumstz)nCeSStatedin theaffidavitfiledinr;upportofthepetition'theHighcourtmaybepleasedto suspend the operation of Procs' No'Rc'7252/E4 -ll 'GlZ'Vl't2O24' dated 27 .07 .2024, issued kry the 4th Respondent' transferring the Petitioner to PHC Gingurthy, Vikarabatj District and consequently direct the Respondents to consider afresh opti)ns exercised by the petitioners at the tirne of General CounsellingintermscfClauseTofG.o.MsNo.B0Finance(HRIVIl)Department, dated03-07-2024,atthetimeofcounsellingwithoutreferencetolS.o.MS.No.BT, Fin. (HRM-l) Departrnent, dated 31 07 '2024, and joining of the Petitioner at the place of posting on the analogy of the orders passed in W P Nos 20647 ol 2024 andbatchandasoinWP-No225g2oI2024andbatchincommot'tordersissued on 07.O8.2024 and 29 08.2024 respectively' Counsel for the Fetirtioner : SMT A'DEEPTHI Counsel forthe Respondent No'1 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.2 to 4 : G'P FOR MEDICAL AND HEALTH The Court mader the following OROER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WR N 2 7 oF2 24 ORDER: This Writ petition is filed by the ietitioner seekinq the following relief : "... to issue an appropriate wrjt order or direction particularly n the nature of a wnt of mandamus declaring the proceedngs Rc. No.7252/E4JI.G/Z-VI/2O24 dated 27_07_2024 issued by the 4th Respondent which transferred the petitioner ta pHC Gingurthy, Vtkarabad District as iltegat, arbitrary and contrary to the options exercised as per Clause 7 during the general transfer counseling held on 2O-07-2024 and in violation of guidelines stipulated in G.O.Ms.No.Bo Finance (HRM_I) Department dated 03_07_2024 and not considering the representation dated 21_Og_2024 made to the 4th and 2"d respondents respectively on the anatogy of the orciers of this Hon.ble Court passed in W.p Nos.20647 of 2024 aod batch and atso in W.p No.225g2 of 2024 and batch n common orders Esued on O7_Oa-2024 and 29-OB_2024 respectively as illegat, unjust, discriminatory and in contravention of c.O.Ms.No. gO Finaoce (HRM_I) Department dated 03-07-2024 and Artictes 14 and 1G of the tndian Canstitution consequently set aside the said proceedings and dtrect the respondents to effect the transfer afresh as per the options exercised under clause 7 of G.O.Ms.No.gO Finance (HRM_ I) Department dated 03-O7-2024 during the general transfer counselioej hetd on 20-07-2024 in compliance of ctause 7 of G.O.Ms.N1.BO hnance (HRM_I) Department dated 03_07_2024 without reference to G.O.Ms.No.B7 Finance (HRM_I) Department dated 31-07-2024 and joining of the petitioner on the analogy of the orders issued in W.p.Nos.20647 of 2024 and batch and atso in W.P No.22592 of 2024 and batch in common orders issued on 07-08-2024 and 29-08-2024 and pass...,, 2 Heard Smt. A. Deepthi, learned counsel for the petitioner, learned Government pleader for Finance for respondent No.1 and learned Governrnent Pleader for Medical & Health for r,:spondent Nosltr4

3. Learned ccrunsel for the petitioner submits that tlre present writ petition is squarely covered by the order of this Cr:,urt dated

05.02.2025 in W.r.No.24300 of 2024, and prays this Court to pass a similar ordr-.r in t.he present writ petition also

4. The said submission is not seriously disputed by the learned Govern ment PIeaJer for respondents.

5. The relevar.t portion of the order dated 05.O2.2025 in W.P.No.2430t) of 2024, is extracted hereunder: "7. lla/ nc constdered the rival submrsstons made fy the learnr:C corrnsel for the respecttve parties, thls Wnt petition is dispo:;ed ,)f dtrecting the petitioner to make a fresh repre5entation to the concerned authority ventilating his grievance \',,ithtn a period of one (01) week from the date of recei:t ol ,r CoDV ot thrs order. Upon reCetpI of suCl- repre:,entatra,n, the concerned authority is direct€d consicer th,-. same and pass appropflate orders in accor,lance with law. "

6. Havjng rega -d to the submissions made by tl.e learned for the respective parties, and for tte reasons counsel appearing alike in the order dated 05.02.2025 in W.p.No.2430O ot 2024, the writ Petition i:; disposed of directing the petitioner to mak(,r a fresh t l representation to the ct ventirarins his srievance w*hin a period or """ ,:l; ,*:1:.::T of receipt of a copy of this orcjer. Upon receipt of such representation being made, the concerned a uthority directed to consider.the same and pass appropriate orders in accordance with law, within a period of four (04) weeks therefrom There shall be no order as to costs. To SA As a sequel, miscellaneous applications pending, if any, in this Writ petition, shall stand ctosed. //TRUE COPY// SD/. P. GOWRI SHANKAR EPUW REGISTRAR SECTION OFFICER J 4 5 ent, Secretariat, 1 . The Principal Secreta ry to Govemment, Finance State of Telangana at Hyderabad-500022 2. The Secretary, Health, Medical and Famil y Welfare, Gove rnment of Telangana, Secretariat, State of Telanga na at Hyderabad The Commissioner of Health and Family Welfare, Koti, Hyderabad The Director of Public Health and Famil y Welfare, Koti, Hyderabad. Two CCs to GP FOR FINANCE AND PLANNING, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CCs to GP FOR MEDICAL AND HEALTH , High Court for the State of 7. One CC to S MT A.DEEPTHI, Advocate tOpUCl B. Two CD Copies Telangana at H yd erabad. [OUT] YA- * i-: -l C.C . TODAY /:- 2XrilY M f.'t .r.., ) ,./ HIGH COURT DATED:2910412025 ORDER WP.No.28 479 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. \> ce\Ceb &*

Petition Under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order, or direction, particularly in the nature of a writ of mandamus, declaring the procs. No.Rc.72s2lE4-ll.Gtz-vlt2o24, dated. 27.o7.2024, issued by the 4th Respondent, which transferred the petitioner to PHC Gingurthy, vikarabad District, as iilegar, arbitrary, and contrary to the options exercised as per clause 7 during the general transfer counselling held on 20-07- 2024 and in violation of guidelines stipulated in G.o. Ms No. g0 Finance (HRM-l) Department, dated 03-07-2 o24 and not considering the representation dated 21 .o9.2024 made to the 4th and 2nd respondents respectively on the analogy of the orders of this Hon'ble court passed in in w.p. Nos. 20647 of 2024 and batch and also in WP. No 225 92 of 2024 and batch in common orders issued on 07.O8.2024 and 29.O8.2024 respectively as illegal' unjust' discriminatory and in contraventionofci.o.\4sNo.80Finance(HRM-I)Department'dated03-07-2024 andArticles14andleofthelndianConstitution'consequentlyset.lsidethesaid proceedingsanddire<:ttherespondentstoeffectthetransferafreshasperthe options exercised under clause 7 of GO'Ms No B0 Finance(HR[r4-l t' department' dated 03.07.2024 dur ng the general transfer counselling held on 20'07.2024 in complianceofcliluseTofGo.Ms.No.B0Finance(HRM-l),department'dated 03.O7.2024 without reference to G O'Ms'No'87' Fin (HRM-l) Department' dated 31 .07.2024 and jr;ining of the Petitioner on the analogy of the orde's issued in in W.P. Nos. 20647 of 2C24 and batch and also in WP.No '22592 ot 2024 and balch in common ordert; isstred on 07 '08 '2024 and 29'O8 2o24' t.A.NO:1 oF 202tt PetitionUrrderSectionlslCPCprayingthatinthecircumstz)nCeSStatedin theaffidavitfiledinr;upportofthepetition'theHighcourtmaybepleasedto suspend the operation of Procs' No'Rc'7252/E4 -ll 'GlZ'Vl't2O24' dated 27 .07 .2024, issued kry the 4th Respondent' transferring the Petitioner to PHC Gingurthy, Vikarabatj District and consequently direct the Respondents to consider afresh opti)ns exercised by the petitioners at the tirne of General CounsellingintermscfClauseTofG.o.MsNo.B0Finance(HRIVIl)Department, dated03-07-2024,atthetimeofcounsellingwithoutreferencetolS.o.MS.No.BT, Fin. (HRM-l) Departrnent, dated 31 07 '2024, and joining of the Petitioner at the place of posting on the analogy of the orders passed in W P Nos 20647 ol 2024 andbatchandasoinWP-No225g2oI2024andbatchincommot'tordersissued on 07.O8.2024 and 29 08.2024 respectively' Counsel for the Fetirtioner : SMT A'DEEPTHI Counsel forthe Respondent No'1 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.2 to 4 : G'P FOR MEDICAL AND HEALTH The Court mader the following OROER THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WR N 2 7 oF2 24 ORDER: This Writ petition is filed by the ietitioner seekinq the following relief : "... to issue an appropriate wrjt order or direction particularly n the nature of a wnt of mandamus declaring the proceedngs Rc. No.7252/E4JI.G/Z-VI/2O24 dated 27_07_2024 issued by the 4th Respondent which transferred the petitioner ta pHC Gingurthy, Vtkarabad District as iltegat, arbitrary and contrary to the options exercised as per Clause 7 during the general transfer counseling held on 2O-07-2024 and in violation of guidelines stipulated in G.O.Ms.No.Bo Finance (HRM_I) Department dated 03_07_2024 and not considering the representation dated 21_Og_2024 made to the 4th and 2"d respondents respectively on the anatogy of the orciers of this Hon.ble Court passed in W.p Nos.20647 of 2024 aod batch and atso in W.p No.225g2 of 2024 and batch n common orders Esued on O7_Oa-2024 and 29-OB_2024 respectively as illegat, unjust, discriminatory and in contravention of c.O.Ms.No. gO Finaoce (HRM_I) Department dated 03-07-2024 and Artictes 14 and 1G of the tndian Canstitution consequently set aside the said proceedings and dtrect the respondents to effect the transfer afresh as per the options exercised under clause 7 of G.O.Ms.No.gO Finance (HRM_ I) Department dated 03-O7-2024 during the general transfer counselioej hetd on 20-07-2024 in compliance of ctause 7 of G.O.Ms.N1.BO hnance (HRM_I) Department dated 03_07_2024 without reference to G.O.Ms.No.B7 Finance (HRM_I) Department dated 31-07-2024 and joining of the petitioner on the analogy of the orders issued in W.p.Nos.20647 of 2024 and batch and atso in W.P No.22592 of 2024 and batch in common orders issued on 07-08-2024 and 29-08-2024 and pass...,, 2 Heard Smt. A. Deepthi, learned counsel for the petitioner, learned Government pleader for Finance for respondent No.1 and learned Governrnent Pleader for Medical & Health for r,:spondent Nosltr4

3. Learned ccrunsel for the petitioner submits that tlre present writ petition is squarely covered by the order of this Cr:,urt dated

05.02.2025 in W.r.No.24300 of 2024, and prays this Court to pass a similar ordr-.r in t.he present writ petition also

4. The said submission is not seriously disputed by the learned Govern ment PIeaJer for respondents.

5. The relevar.t portion of the order dated 05.O2.2025 in W.P.No.2430t) of 2024, is extracted hereunder: "7. lla/ nc constdered the rival submrsstons made fy the learnr:C corrnsel for the respecttve parties, thls Wnt petition is dispo:;ed ,)f dtrecting the petitioner to make a fresh repre5entation to the concerned authority ventilating his grievance \',,ithtn a period of one (01) week from the date of recei:t ol ,r CoDV ot thrs order. Upon reCetpI of suCl- repre:,entatra,n, the concerned authority is direct€d consicer th,-. same and pass appropflate orders in accor,lance with law. "

6. Havjng rega -d to the submissions made by tl.e learned for the respective parties, and for tte reasons counsel appearing alike in the order dated 05.02.2025 in W.p.No.2430O ot 2024, the writ Petition i:; disposed of directing the petitioner to mak(,r a fresh t l representation to the ct ventirarins his srievance w*hin a period or """ ,:l; ,*:1:.::T of receipt of a copy of this orcjer. Upon receipt of such representation being made, the concerned a uthority directed to consider.the same and pass appropriate orders in accordance with law, within a period of four (04) weeks therefrom There shall be no order as to costs. To SA As a sequel, miscellaneous applications pending, if any, in this Writ petition, shall stand ctosed. //TRUE COPY// SD/. P. GOWRI SHANKAR EPUW REGISTRAR SECTION OFFICER J 4 5 ent, Secretariat, 1 . The Principal Secreta ry to Govemment, Finance State of Telangana at Hyderabad-500022 2. The Secretary, Health, Medical and Famil y Welfare, Gove rnment of Telangana, Secretariat, State of Telanga na at Hyderabad The Commissioner of Health and Family Welfare, Koti, Hyderabad The Director of Public Health and Famil y Welfare, Koti, Hyderabad. Two CCs to GP FOR FINANCE AND PLANNING, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CCs to GP FOR MEDICAL AND HEALTH , High Court for the State of 7. One CC to S MT A.DEEPTHI, Advocate tOpUCl B. Two CD Copies Telangana at H yd erabad. [OUT] YA- * i-: -l C.C . TODAY /:- 2XrilY M f.'t .r.., ) ,./ HIGH COURT DATED:2910412025 ORDER WP.No.28 479 of 2024 DISPOSING OF THE W.P WITHOUT COSTS. \> ce\Ceb &*